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FN19.     The Rule incorporates the definition of “institution of higher education” found at 20 U.S.C. 1001(a). Section 1001(a) provides that an “institution of higher education” means an educational institution in any state that - -

(1)    “admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;
(2)    is legally authorized within such State to provide a program of education beyond secondary education;
(3)    provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree;
(4)    is a public or other nonprofit institution; and
(5)    is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.”